OK OUJI-CR 8-15. DEFENSE OF PERSON – JUSTIFIABLE USE OF DEADLY FORCE AGAINST INTRUDER

OK OUJI-CR 8-15. DEFENSE OF PERSON – JUSTIFIABLE USE OF DEADLY FORCE AGAINST INTRUDER

State: Oklahoma

 

Oklahoma Uniform Jury Instructions–Criminal (OUJI-CR)

OK OUJI-CR 8-15.  DEFENSE OF PERSON – JUSTIFIABLE USE OF DEADLY FORCE AGAINST INTRUDER

A/An person/(owner/manager/employee of a business) is justified in using force that is intended or likely to cause death or great bodily harm to another person who (was in the process of unlawfully and forcefully entering)/(unlawfully and forcibly entered) a dwelling/residence/(occupied vehicle)/(place of business) if the person using the force knew or had reason to believe that an unlawful and forcible entry (was occurring)/(had occurred).

OR

A/An person/(owner/manager/employee of a business) is justified in using force that is intended or likely to cause death or great bodily harm if the person against whom the force was used (had attempted to remove)/(was attempting to remove) another person against the will of that other person from a dwelling/residence/(occupied vehicle)/(place of business) and the person using the force knew or had reason to believe that an unlawful and forcibleremoval/(attempt to remove) (was occurring)/(had occurred).

[A person is not justified in using force if:

The person against whom the force is used (has the right to be in)/(is a lawful resident of) the dwelling/residence/(occupied vehicle), such as a/an owner/lessee/titleholder, and there is not a (protective order from domestic violence in effect)/(a written pretrial supervision order of no contact) against that person.

OR

The person/persons sought to be removed are children/grandchildren/(in the lawful custody/( under the lawful guardianship) of the person against whom the force is used.

OR

The person who uses force is (engaged in)/(using the dwelling/residence/(occupied vehicle)/(place of business to further) an unlawful activity.]

[“Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people.]

[“Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.]

[“Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.]

By | 2015-01-03T15:28:53+00:00 January 18th, 2013|Comments Off on OK OUJI-CR 8-15. DEFENSE OF PERSON – JUSTIFIABLE USE OF DEADLY FORCE AGAINST INTRUDER